TERMS & CONDITIONS

We Are Not A Shop and/or their affiliates (“We Are Not A Shop”) provide website features and other products and services to you when you visit or shop at wearenotashop.com (the “website”), use We Are Not A Shop devices, products, or services, use We Are Not A Shop applications for mobile, or use software provided by We Are Not A Shop in connection with any of the foregoing collectively “[ We Are Not A Shop Services]”. Please see our Privacy Notice, for how we collect and process your personal information through We Are Not A Shop’s website. We Are Not A Shop provides the goods to you subject to the conditions set out on this page.

 

Conditions of Use 

Please read these conditions carefully before using this website. By using this website, you signify your agreement to be bound by these conditions.

 

1. ELECTRONIC COMMUNICATIONS

 

When you use We Are Not A Shop or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

 

2. COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS

 

All content included in or made available through this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of We Are Not A Shop or its content suppliers and is protected under Maltese law by copyright, authors’ rights and database right laws. The compilation of all content included in or made available through any part of this website is the exclusive property of We Are Not A Shop

You may not extract and/or re-utilise parts of the content of any part of this website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any part of this website, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any part of this website (e.g. our prices and product listings) without our express written consent.

 

3. TRADEMARKS

 

Any trademarks contained in this website and any of its listings are the property of their respective owners.

 

4. YOUR ACCOUNT

 

You will need your own account to use parts of this website, and you may be required to be logged into the account and have a valid payment method associated with it.

If there is a problem charging your selected payment method we may charge any other valid payment method associated with your account. Click here to manage your payment options.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the ‘Your Account’ section of the website. Please see our  ‘Privacy Policy’ .

You must not use any We Are Not A Shop Service: (i) in any way that causes, or is likely to cause, any We Are Not A Shop Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these ‘Conditions of Use’ or any other applicable terms and conditions, guidelines or policies.

 

5. INTELLECTUAL PROPERTY CLAIMS

 

We Are Not A Shop respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please notify us accordingly at [email protected] such that we may investigate your claim and act accordingly.

 

6. OUR LIABILITY

 

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

We Are Not A Shop will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the We Are Not A Shop services.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

 

7. APPLICABLE LAW

 

These conditions are governed by and construed in accordance with the laws of Malta. We both agree to submit to the exclusive jurisdiction of the courts of the Consumer Claims Tribunal of Malta.

 

8. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

 

We reserve the right to make changes to any part of this website and any items it offers, policies, terms and conditions including these ‘Conditions of Use’ at any time. You will be subject to the terms and conditions, policies and ‘Conditions of Use’ in force at the time that you use the website. If any of these ‘Conditions of Use’ is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

9. WAIVER

 

If you breach these ‘Conditions of Use’ and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these ‘Conditions of Use’.

 

10. CHILDREN

 

We do not accept donations from individuals below the age of 18 years. We may give what may be defined as children’s products against donation by adults. If you are under 18 you may only use wearenotashop.com with the involvement of a parent or guardian.

 

11. ALCOHOLIC BEVERAGES

 

By law we cannot sell wine and spirits to persons under 17. By making an order for alcoholic products on this site, you warrant and represent that you are entitled, according to law, to make such purchase. We reserve the right to request proof of age and perform checks in order to verify the information provided. Orders may be suspended until satisfactory proof of age is provided.

 

12. OUR CONTACT DETAILS

 

We Are Not A Shop, 18, Triq il-Karmelitani, St Julian’s, Malta

T: +356 2722 9169 

E: [email protected]

 

13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS

 

If you believe that your rights are being infringed, you may notify us at|: [email protected] and we shall investigate the matter accordingly and revert with our position.

Important Warning: giving false, misleading or inaccurate information to We Are Not A Shop may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

 

14. NOTICE AND PROCEDURE FOR NOTIFYING WE ARE NOT A SHOP OF DEFAMATORY CONTENT

 

If you believe that your rights are being infringed, you may notify us at [email protected]and we shall investigate the matter accordingly and revert with our position.

Important Warning: giving false, misleading or inaccurate information to We Are Not A Shop of defamatory content on wearenotashop.com may result in civil and criminal liability.

 

15. PRIVACY POLICY

 

This ‘Privacy Policy’ describes the information that we gather on or through the service, how we use and disclose such information, and the steps we take to protect such information. By visiting the site, you accept the privacy practices described in this policy. By clicking, the user is agreeing to our ‘Privacy Policy’ terms.

It is possible to enter and use our website without any indication of personal data; however, if you would like to use certain features incorporated in our website, processing of personal data could become necessary. Our data protection declaration is based on the European Union’s General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter “GDPR”)

As the controller, We Are Not A Shop has implemented numerous measures to ensure the most complete protection of personal data processed through this website.

 

Collection of Information

When you use the service, as a user or as a visitor, you may provide, and we may collect personal data. The processing of personal data, such as your name, address, e-mail address, or telephone/mobile of a data subject shall always be in line with the EU’s GDPR.

We collect different types of information from you if and when you register on our site. The legal bases for We Are Not A Shop processing of personal data are primarily that the processing is necessary for providing the service and that the processing is carried out with legitimate interests.

What personal information do we collect, and where do we obtain it from?

– Your name
– Your contact details, namely your e-mail address/es, telephone number/s, mailing address and delivery address
– ID card number or passport number
– Other documents as may be necessary for us to comply with our legal obligations.
We gather the above information by requesting it from the clients themselves. We may also receive professional information about you from other sources, including publicly available information.

Use of personal information

We may use your personal information to:
– Provide you with our services
– Answer your questions and requests for service
– Provide you with information
– Send you important notices or communications, such as delivery times, or changes to our terms, conditions and policies.
– For internal purposes such as billing, auditing and research, and to maintain our client database; and
– To ensure we have up-to-date contact informationWe may also be required to process your personal data for the purpose of:
– Compliance with applicable laws, rules, regulations, guidance and codes;

– To disclose data to third party service providers who provide website, application development, hosting, maintenance, and other services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and require them to maintain the confidentiality of such information.

– We engage other companies and individuals to perform functions on our behalf. Examples include third party delivery services and processing credit card payments. They may require access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this ‘Privacy Notice’ and in accordance with the GDPR.
– Compliance with demands or requests made by local and foreign regulators, Governments, courts and law enforcement authorities, and complying with a judicial process or arbitral procedure, or in connection with any dispute or litigation, subject to our obligations of professional secrecy as may be applicable in the particular circumstances where such data is requested.

How do we use the information collected?

We use the information that we collect in a variety of ways in providing the service and operating our business. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent.

Period of storage of personal data

The criteria we use to determine the period of storage and storage limitation is in line with GDPR (Art 5(1)(e)) therefore, personal data shall not be retained longer than necessary, in relation to the purpose for which such data is processed.

After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the agreement or the initiation of an agreement between client and We Are Not A Shop.

If a client demands the erasure of personal data concerning him or her, we endeavour to erase that personal data without undue delay unless contrary to our statutory rights and obligations, or if such personal data shall be required in the interest of public health, scientific or historical research, or for statistical purposes; Or whether such personal data is needed for the establishment, exercise or defence of legal claims.

To make sure that you can control your personal information we enable you to:
Ask to view the personal information we hold about you;
Request that any personal information that is inaccurate, irrelevant or out-of-date be amended or deleted;
Have your personal information deleted, if such deletion is permissible by law and/or will not prejudice our position at law.

Will your data be transferred abroad?

Your personal data may be freely transferred outside the national territory to countries located in the European Union should this be necessary to fulfil our services. Should your personal data be transferred to countries outside the EU this shall occur exclusively in compliance with the appropriate and adequate guarantees for the purpose of the extended transfer in accordance with the applicable legislation and in particular article 27 of the Data Protection Act and articles 45 and 46 of the GDPR.

Direct marketing

We only send mail, messages and other communications relating to marketing where we are authorised to do so at law. In most cases we rely on your consent to do so (especially where we use electronic communications). If, at any time, you no longer wish to receive direct marketing communications from us please let us know by contacting us at the details below or update your preferences on our site. In the case of direct marketing sent by electronic communications (where we are legally authorised to do so) You will be given an easy way of opting out (or unsubscribing) from any such communications. Please note that even if you withdraw any consent you may have given us or if you object to receiving such direct marketing material from us (in those cases where we do not need your consent), from time to time we may still need to send you certain important communications from which you cannot opt-out.

Social media

If you choose to connect one or more of your social media accounts with our site (if this option is available) to enable the sharing of personal data via social media platforms, certain categories of personal data relating to you from your social media account(s) will be shared with us.

Cookies

Cookies are small text files or pieces of information that are stored on your computer or mobile device when you visit our website. A cookie contains the name of the website and a value, which can be used for a variety of purposes. Some cookies are essential for the smooth operations of our website and necessary for the website to work. By using our site, you consent to our website’s privacy policy, and the use of Cookies.

 

Conditions

Please read these conditions carefully before placing an order with We Are Not A Shop. By placing an order with We Are Not A Shop, you signify your agreement to be bound by these conditions.

 

OUR CONTRACT

Your order is an offer to We Are Not A Shop to receive goods in recognition of donations rendered. When you make a donation to We Are Not A Shop, we will send you an e-mail confirming receipt thereof and your entitlement to the selected item/s recognition of the same donation. At this time we are only able to accept donations on our site via debit and credit cards.

We offer a free delivery service to Malta for orders valued Eur25 and over, for donations under this amount there will be a charge of Eur2.50 per delivery. We are currently unable to offer delivery to Gozo or international shipping from our site, however we can make enquiries about shipping costs on the client’s behalf. Should you wish to make your own delivery agents with a service provider of your choice, then you do so and advise us.  We will be extending our delivery service in the near future.

You consent to receive communications regarding donations electronically. Electronic communications will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic confirmation is available.

PRICING AND AVAILABILITY

All prices are inclusive of legally applicable VAT.

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Despite our best efforts, a small number of the items on our website may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.

RETURNING YOUR GOODS

Items must be returned by post or by courier, together with a copy of your Order Acknowledgment email and delivery receipt. You agree to return the goods in full, in a resalable condition and We Are Not A Shop also asks that you return the packaging with the goods where possible. You are responsible for the cost of returning the goods.

Returned goods must always be in original packing and in a re-saleable condition. You agree to take reasonable care of the goods from the time that they are delivered to you until the time that they are returned. We are unable to provide refunds as all monies will have been paid directly into the charitable account. We can however exchange for another item of equal value.

PRODUCT INFORMATION

Unless expressly indicated otherwise, We Are Not A Shop is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

GIFT VOUCHERS

Vouchers may be redeemed for any items as shown on www.wearenotashop.com. They cannot be exchanged for cash.

Vouchers are valid for one year from date of purchase

Vouchers will be sent via e-mail on confirmation of receipt of payment. To redeem your voucher, simply enter the voucher code at checkout, and the voucher value will be deducted from the total due. If the checkout value is less than the voucher value, the balance can be used at a later date

If wishing to order an item which is over the value of the voucher, you may pay the additional money via the channels specified.

If the value of the item you require is less than the value of your voucher, we regret that as we are unable to give refunds the balance will be retained as credit for you

WeAreNotAShop do not accept liability for loss, theft, damage or unauthorised use of the voucher etc